E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON August 20 2012 12:33 PM

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SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. ANTHONY JAMES LAW, CAUSE NO. 12-1-03138-1

KEVIN STOCK COUNTY CLERK

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE

Defendant.

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TIMOTHY F. JONES, declares under penalty of perjury:

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That I am a deputy prosecuting attorney for Pierce County and I am familiar with the police report and/or investigation conducted by the WASHINGTON STATE PATROL; That the police report and/or investigation provided me the following information; That in Pierce County, Washington, on or about the 18th day of August, 2012, the defendant, ANTHONY JAMES LAW, did commit the crimes of Felony DUI (Driving Under the Influence with four or more prior offenses within 10 years), Reckless Endangerment, and Operating a Vehicle Without Ignition Interlock Device. On the above listed date at approximately 7:31 a.m. Washington State Patrol Trooper Pigott was on routine patrol northbound on Interstate 5 at Bridgeport Way when he noticed a green pickup truck towing a boat and trailer weave to the right and cross the skip line into the adjoining lane. As he continued to follow the pickup truck and boat trailer, the vehicle started to weave, steer and jerk very bad, crossing the right skip line two more times, once by 2-3 tire widths. The right turn signal came on, the pickup drifted left across the lane, the (sic) onto the left skip line, all the while the boat trailer was swinging back and forth. Trooper Pigott activated his emergency lights and wig wag headlights to conduct a traffic stop. The vehicle moved to the right shoulder and stopped without using the turn signal. Upon contacting the driver at the passenger door Trooper Pigott was met with the overwhelming odor of intoxicating beverages coming from inside the pickup. The driver was identified with his Washington State ID card as the defendant; his eyes were bloodshot and watery, his eyelids were droopy, his speech was slurred, he lit a cigarette, and the floorboard was littered with empty beer cans. The two passengers in the pickup also immediately lit cigarettes and began puffing on them. When asked how much he had to drink this morning or the night before the defendant said he has not been drinking. Trooper Pigott asked the defendant to step from the vehicle and noted he moved in a slow and lethargic manner and he swayed while standing. The defendant opted not to perform voluntary Field Sobriety Tests. He was placed under arrest, searched and placed in the back of the patrol car. Trooper Pigott contacted the passenger, Cheryl Miranda, who stated the defendant has been drinking all night; she said he was all over the road and she feared for her safety and the safety of other vehicles on the road around them. A records check on the defendant revealed three prior DUI convictions and a DUI reduced to a Reckless Endangerment charge; additionally, he is required to have an ignition interlock device installed on his vehicle. Trooper Pigott noted no such device installed on the pickup truck. DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -1
Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400

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The defendant was taken to the Washington State Patrol office for DUI processing. About halfway through the question form, the defendant asked to speak with his attorney. After a 15 minute conversation, the defendant told Trooper Pigott that he was not going to answer any more questions and was not going to provide a breath sample. Trooper Pigott obtained a telephonic search warrant for blood draw, transported the defendant to St. Clare Hospital, and obtained two vials of the defendants blood. The samples were sent to the Washington State Toxicology Laboratory for analysis. Test results are pending. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. DATED: August 20, 2012 PLACE: TACOMA, WA

/s/ TIMOTHY F. JONES TIMOTHY F. JONES, WSB# 15928

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -2

Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400